WTO Dispute Settlement Mechanism(6)/刘成伟(29)
In fact, the DSU gives panels different means or instruments for complying with Art. 11; among these is the right to “seek information and technical advice” as expressly spelled out in Art. 13 of the DSU. Art. 13.1 of the DSU states that a panel has “the right to seek information and technical advice from any individual or body which it deems appropriate”. Art. 13.2 further provides that panels may “seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter”.35
(i) A Grant of Discretionary Authority
Pursuant to Art. 13 of the DSU, panels have a significant investigative authority; a panel is entitled to seek information and advice from any relevant source it chooses. As to be demonstrated in the following paragraphs, the right to seek information vested in panels by Art. 13 of the DSU is “a grant of discretionary authority”.
For example, the Appellate Body rules in Japan-Agriculture Products (DS76) that: “…Article 13.1 of the DSU gives a panel ‘... the right to seek information and technical advice from any individual or body which it deems appropriate’. Pursuant to Article 13.2 of the DSU, a panel may seek information from any relevant source and may consult experts to obtain their opinions on certain aspects of the matter at issue. This is a grant of discretionary authority: a panel is not duty-bound to seek information in each and every case or to consult particular experts under this provision. We recall our statement in EC Measures Concerning Meat and Meat Products (Hormones) that Article 13 of the DSU enables a panel to seek information and technical advice as it deems appropriate in a particular case, and that the DSU leaves ‘to the sound discretion of a panel the determination of whether the establishment of an expert review group is necessary or appropriate’. Just as a panel has the discretion to determine how to seek expert advice, so also does a panel have the discretion to determine whether to seek information or expert advice at all.”36
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